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Title:

On the functions of delusion as to the circumstances excluding unlawfulness. Selected theoretical aspects

Creator:

Tarapata, Szymon   Zakrzewski, Piotr

ORCID:

0000-0002-4095-8892

Subject and Keywords:

circumstances excluding illegality   assigning agency   description of a criminal act

Description:

Tyt. tomu: Księga Jubileuszowa Profesora Tomasza Kaczmarka

Abstract:

It has been established in this paper that delusion as to the circumstances excluding unlawfulness has three different functions in the structure of criminal liability premises. Firstly, it may exclude unlawfulness, which takes place in a situation where a perpetrator had no chance to realise that in reality the objective elements of unlawfulness exclusion had become real. Secondly, if the perpetrator erroneously stated that he was acting under the exclusion of unlawfulness while it was only objectively but not subjectively recognisable that it was not so, the perpetrator’s criminal liability would be excluded due to lack of fault. Thirdly and finally, if the perpetrator deluded that he was acting under the exclusion of unlawfulness while it was objectively and subjectively recognisable that it was not so, then all the requirements of the criminality of the act are met and the act of the perpetrator is to be found unlawful and culpable.

Place of publishing:

Wrocław

Publisher:

Wydawnictwo Uniwersytetu Wrocławskiego

Contributor:

Giezek, Jacek. Red.   Gruszecka, Dagmara. Red.   Kalisz, Tomasz. Red.

Date issued:

2017

Date copyrighted:

Identifier:

ISSN 2084-5065   ISSN 0239-6661

DOI:

10.19195/2084-5065.43.32

Language:

pol   eng

Relation:

Nowa Kodyfikacja Prawa Karnego, ISSN 2084-5065, t. 43, 2017, s. 549-566

Is version of:

Czasopisma Naukowe w Sieci (CNS)

Rights holder:

Copyright by Wydawnictwo Uniwersytetu Wrocławskiego Sp. z o.o.

Autor opisu:

WR U/PAdbg